Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 24353 of 2019 Petitioner :- Diggaj Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hakim Kumar Kushwaha Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Ali Zamin,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
The petitioner in the present writ petition is seeking quashing of the F.I.R. dated 19.1.2019 registered as Case Crime No. 0009 of 2019 under sections 452, 323, 504 I.P.C. Police Station Pilua District Etah with a further prayer not to arrest him in pursuance of the said first information report.
As per the F.I.R, version on account of a dispute with regard to drain (Nali) between the accused persons and the informant, the accused persons entered into the house of the informant and assaulted the son of the informant as well as daughter of the informant namely Anshu and Rekha. On the alarm being raised by the informant the local people reached there and saved them.
The submission of the learned counsel for the petitioner is that incident is alleged to have taken place on 17.1.2019 and the F.I.R. has been lodged on 19.1.2019 making false allegations against the petitioner.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that he shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 28.11.2019 o.k.